§ 331-117. Approval required., Article XIII. Site Plan Approval, Chapter 331. Zoning, Part II. General Legislation, Code of Ordinances, New Rochelle

Site plan approval. The Planning Board shall be the approving agency for all site plan applications. Fees for site plan applications shall be in accordance with Chapter 133, Fees.

(1)

Site plan approval is required prior to the issuance of a building permit for the construction or enlargement of any principal use, other than a one- or two-family dwelling, where such dwelling is permitted by right and the grade is not changed by more than four feet at any point on the site, except for the one-family and two-family dwellings specifically regulated in § 331-117A(4) below.

(2)

Site plan approval is required for any building which contains or is proposed to contain a Place of Public Assembly as defined in Chapter 93 of the New Rochelle Code, prior to any change of use or occupancy to such Place of Public Assembly.

[Amended 2-10-2009 by Ord. No. 39-2009]

(3)

Site plan approval is required prior to the issuance of a building permit for:

(a)

Any change of use or occupancy which would result in an increase in the requirement for off-street parking or loading spaces, except for a principal use which obtains a zoning variance for such parking requirement or where parking requirements are satisfied at a municipal parking facility, in accordance with § 331-126E(1) herein;

[Amended 3-17-2009 by Ord. No. 53-2009]

(b)

Any parking lot created or altered in accordance with the provisions of Article XIV of this chapter; and

(c)

A new Active Recreational Use or an Expansion of Active Recreational Use located in an ROS-zoned district which requires alteration by grading, drainage systems, structures, and/or the creation of artificial or non-natural playing surfaces.

(4)

A one-family or two-family dwelling located in other than the R1-HIST, One-Family Historic Residence District, shall require site plan approval including architectural review in accordance with § 331-117.1, prior to the issuance of a building permit, when any one of the following conditions apply:

(a)

If such one-family or two-family dwelling is to be constructed on a lot that is currently vacant, which lot is not included on a subdivision plat filed in the Westchester County Clerk's Office since January 1, 2005;

(b)

If such one-family or two-family dwelling is an existing building located in a One- or Two-Family Residence District which is i) proposed to be expanded (either by additions and/or by replacement of portions or all of the existing building) by 40% or more of the Gross Floor Area (including all principal and accessory buildings) currently existing on the lot; and ii) when expanded, shall have a Gross Floor Area (including all principal and accessory buildings) not less than 4,000 square feet; or

(c)

If such dwelling is a one-family dwelling proposed to be converted to a two-family dwelling.

(5)

A two-family dwelling which requires site plan approval pursuant to § 331-117A(4) above shall, to the extent reasonable and practicable, utilize the following design criteria as part of its site plan and PARC review:

(a)

The two-family dwelling shall be designed and built so that the one principal front entry to such two-family dwelling shall face the street adjacent to the front yard.

(b)

The two-family dwelling shall be designed and built so that the one principal front entry shall not be higher than four feet above final grade at the point of entry, and where feasible and in accordance with § 331-117.1, the two-family dwelling shall have the appearance of a single residence.

(c)

The two-family dwelling, if it has a rear or side exit, balcony, patio, porch, deck, or similar outdoor recreation area adjacent to a side or rear yard, shall be set back from the side and/or rear property line by a minimum of 30 feet. If the two-family dwelling has no exits, balconies, patios, porches, decks, or similar outdoor recreation area adjacent to a side yard, the minimum side yard setback shall be eight feet with a minimum combined yard of 20 feet.

(d)

Garage entrances, if any, for the two-family dwelling shall be designed and built so that they are adjacent to each other, as would typically be built for a one-family dwelling.

(e)

The two-family dwelling shall be architecturally compatible in form, massing and exterior facade with the immediate area and the neighborhood area surrounding the site.

(f)

Any access to an attic, when such attic is unimproved and excluded from floor area calculations, shall be made through a pull-down staircase.

Editor's Note: This ordinance stated that it shall apply to all site plan and Major Subdivision applications which have not been subject to public hearing before the Planning Board prior to its adoption.